Legal Opinion

Bishop v. State

Supreme Court of Georgia

Decided August 15, 1850No. 26PublishedCited by 32 opinions

Indictment for murder, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. The defendant was indicted at the January Term, 1850, of Bibb Superior Court, for the killing of one Turner Smith, on the • eighth day of December, 1849. The cause came on for trial at the same term of the Court, when the defendant moved the Court for a continuance of his cause, upon the ground stated in his written affidavit, to wit: “ That he cannot go safely to trial, because such…

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Indictment for murder, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. The defendant was indicted at the January Term, 1850, of Bibb Superior Court, for the killing of one Turner Smith, on the • eighth day of December, 1849. The cause came on for trial at the same term of the Court, when the defendant moved the Court for a continuance of his cause, upon the ground stated in his written affidavit, to wit: “ That he cannot go safely to trial, because such is the excitement in the public mind, and so excited is public feeling against him, as he has been informed and…

1Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

[1.] The first error complained of in the proceedings of the Court below in this cause is, that the Court refused to allow counsel for the prisoner to ask John P. Lamar, a witness for the defendant, why he was unfriendly to the deceased, after the State’s attorney had been permitted to inquire of him if he was not inimical to the. deceased. The question asked the witness was properly propounded for the purpose of showing the bias under which he testified; but it does not occur to us,- what good or le*125gal object could have been subserved by…

2Cases cited4 opinions

  1. Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
  2. Smith v. CheethamNew York Supreme Court · 1805
  3. Shobe v. BellSupreme Court of Virginia · 1822
  4. Goldsby v. GentleIndiana Supreme Court · 1840

3Cited by32 opinions

  1. State v. MortensenUtah Supreme Court · 1903
  2. Hill v. StateSupreme Court of Georgia · 1880
  3. Cox v. StateSupreme Court of Georgia · 1879
  4. Baker v. WinslowSupreme Court of North Carolina · 1922
  5. Baker v. . WinslowSupreme Court of North Carolina · 1922

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